AGENDA

 

   NAPA COUNTY BOARD OF SUPERVISORS

 

  TUESDAY                 FEBRUARY 10, 2004                   9:00 A.M.

 

 

 

 

Brad Wagenknecht

District 1

Mark Luce

District 2

Diane Dillon

District 3

Bill Dodd

District 4

Mike Rippey

District 5

 

William S. Chiat

County Executive Officer

Pamela Miller

Clerk of the Board

Robert Westmeyer

County Counsel

 

 

 

 

 

GENERAL INFORMATION

 

The Board of Supervisors meets each Tuesday at 9:00 A.M. at 1195 Third Street, Suite 305, Napa, California 94559.  The meeting room is wheelchair accessible.  Assistive listening devices and interpreters are available through the Clerk of the Board of the Napa County Board of Supervisors.  Requests for disability related modifications or accommodations, aids or services may be made to the Clerk of the Board’s office no less than 72 hours prior to the meeting date by contacting (707) 253-4580 (253-6088TDD).

 

The agenda is divided into three sections:

 

CONSENT ITEMS - These matters typically include routine financial or administrative actions, as well as final adoption of ordinances that cannot be both introduced and adopted at the same meeting.  Any item on the CONSENT CALENDAR will be discussed separately at the request of any person.  CONSENT CALENDAR items are usually approved with a single motion.

 

SET MATTERS - PUBLIC HEARINGS - These items are noticed hearings, work sessions, and items with a previously set time.

 

ADMINISTRATIVE ITEMS - These items include significant policy and administrative actions and are classified by program areas.  Immediately after approval of the CONSENT CALENDAR, if the time for hearing SET MATTERS has not arrived, ADMINISTRATIVE ITEMS will be considered.

 

Documents for all agenda items are on file with the Clerk of the Board.

 

ANY MEMBER OF THE AUDIENCE DESIRING TO ADDRESS THE BOARD ON A MATTER ON THE AGENDA please proceed to the rostrum and, after receiving recognition from the Chair, give your name, address, and your comments or questions.  In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the specific subject under discussion.  Time limitations shall be at the discretion of the Chair or Board.

 

AGENDA AVAILABLE ONLINE AT www.co.napa.ca.us

 

 

1.         CALL TO ORDER; ROLL CALL

 

 

2.         PLEDGE OF ALLEGIANCE

 

 

3.         PRESENTATIONS AND COMMENDATIONS - NONE

 

 

4.         PUBLIC COMMENT

 

In this time period, anyone may address the Board of Supervisors regarding any subject over which the Board has jurisdiction but which is not on today's posted agenda.  In order to provide all interested parties an opportunity to speak, time limitations shall be at the discretion of the Chair.  As required by Government Code, no action or discussion will be undertaken on any item raised during this Public Comment period.

 

 

5.         DEPARTMENT DIRECTORS’ REPORTS AND ANNOUNCEMENTS

 

 

6.         CONSENT ITEMS

 

Human Services

 

 

A.        Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6012 with Carol Nagle, LCSW, increasing the amount by $2,500 for a new maximum of $5,000 to provide counseling services in the Children’s Behavioral Health and Child Welfare Services Programs.

 

 

B.        Director of Health and Human Services requests approval of bylaws for the Napa County Child Care Planning Council, effective February 10, 2004.  (Bylaws on file with the Clerk of the Board)

 

 

            Community Resources & Infrastructure

 

 

            C.        Agricultural Commissioner/Sealer requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4760 with the California Department of Food and Agriculture (CDFA) reimbursing County costs not to exceed $43,406 associated with sudden oak death inspection services for the term July 1, 2003 through June 30, 2004.

 

 

D.        Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4938 with Keyser-Marston Associates, Inc. for the revised Montalcino at Napa Valley project Environmental Impact Report increasing the amount by $20,000 for a new maximum of $44,000 and for attendance at public hearings.

 

 

            Community Resources & Infrastructure - Continued

 

 

E.         Library Director requests adoption of revisions to the Library’s “Collection Development Policy.”  (Policy on file with the Clerk of the Board)

 

 

F.         Director of Public Works requests:

 

            1)         Award of the contract for the “Minor Modifications at the Napa City/County Library and the Corrections Facility Project,” PW 03-02-R, to Ron Vann Construction of Windsor, California, for their low bid of $136,680 and authorization for the Chair to sign the construction contract; and

            2)         Approval of Budget Transfer No. 42 appropriating $34,500 with $27,500 of offsetting revenues from the State Corrections Alien Assistance Program (SCAAP) and $7,000 of unspent appropriations, to cover additional scope of services.  (4/5 vote required)

 

 

            General Administration & Finance

 

 

G.        County Counsel requests approval of and authorization for the Chair to sign the Erosion Control Plan Maintenance and Escrow Agreement with the Terry Allan Pringle and

            Juli N. Pringle Revocable 1988 Trust (ECP 99117).  (Assessor’s Parcel No. 018-200-026)

 

 

H.        Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for the Behavioral Health Division of the Health and Human Services Agency with regards to adding one (1) Mental Health Counselor Licensed and one (1) .75 Psychiatric Nurse and deleting one (1) .75 Mental Health Worker II and one (1) Psychiatric Nurse position, with no net increase in the total number of positions, effective February 14, 2004.  (Details on file with the Clerk of the Board)

 

 

I.          Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for the Behavioral Health Division of the Health and Human Services Agency with regards to increasing the percentage of time worked for a Forensic Mental Health Counselor position, effective February 14, 2004.  (Details on file with the Clerk of the Board)

 

 

J.         Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for the Health and Human Services Agency and its divisions with regards to deletion of vacant defunded positions, effective February 14, 2004.  (Details on file with the Clerk of the Board)

 

 

            General Administration & Finance - Continued

 

 

K.        Human Resources Director requests adoption of a resolution regarding an application for a non-industrial disability retirement with the Public Employee’s Retirement System (PERS) for a Senior Deputy Sheriff II, effective July 3, 2003.

 

 

L.         Human Resources Director requests adoption of a resolution amending the Departmental Allocation List with regards to the following Limited Term positions in the Health and Human Services Agency: (Details on file with the Clerk of the Board)

 

1)         Remove the expiration date of two (2) positions associated with the Village Project/Wraparound Services Pilot Program (SB 163) in Children's Behavioral Health; and

2)         Extend the expiration date to December 31, 2004 for three (3) positions associated with AB 2034 - a program providing Mental Health Services to the Homeless.

 

 

M.       Human Resources Director requests the following actions regarding an agreement between the County and County Personnel Administrators Association of California (CPAAC) and TALX UC Express to provide for third-party unemployment insurance administration services:

 

                        1)         Approval of and authorization for the Chair to sign an agreement for a maximum amount of $3,000 for the term from May 1, 2002 through April 30, 2005; and

2)         Authorization for the Benefit Administrator to execute the power of attorney on behalf of the County.

 

 

N.        Regional Coordinator requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4925 with Marin County Human Services Department increasing the amount by $37,250 for a new maximum of $750,499 for the term October 1, 2003 through September 30, 2004 to provide services to help people with disabilities obtain and retain employment.

 

 

O.        County Executive Officer requests approval of and authorization for the Chair to sign Amendment No. 4 to Agreement No. 2599 re-appointing Robert Westmeyer to a four year term as the Napa County Counsel as authorized by California Government Code Sections 27640-27648, for the term February 7, 2004 through February 5, 2008.

 

 

            P.         County Executive Officer requests the approval of Budget Transfer No. 43 establishing an appropriation in the Capital Improvement Program budget for the possible purchase of a building, with offsetting revenue from the cancellation of a Designation (Soscol Building) in the amount of $2,557,591.  (4/5 vote required)

 

 

            General Administration & Finance - Continued

 

 

Q.        County Executive Officer requests the approval of Budget Transfer No. 43, increasing appropriations in the Capital Improvement Program budget for the Future Parking Facility referred to in the (Regional Housing Needs Determination) MOU between the County and the City of Napa, with offsetting revenues from the cancellation of a Designation (Capital Infrastructure) in the amount of $1,000,000 and a transfer of $30,000 from the Central Services budget.  (4/5 vote required)

 

 

            R.        Approve minutes of Board of Supervisors’ meeting of January 27, 2004.

 

 

7.         DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR

 

 

8.         SET MATTERS - PUBLIC HEARINGS

 

 

            A.        9:15 A.M.  Napa County Mental Health Board to present Annual Report.

 

 

            B.        9:45 A.M.  PUBLIC HEARING  Director of Environmental Management requests adoption of a resolution establishing and increasing fees for services provided by the Environmental Management Department.

 

 

C.        10:00 A.M.  Barry Martin of the Napa Transportation Management Plan Outreach Program to present an update on various highway construction and transportation projects including Trancas/29, Maxwell Bridge, Soscol Bridge, and impending start of First Street bridge over Napa Creek and Bypass.

 

 

            D.        10:30 A.M.  County Executive Officer and Presiding Judge of the Superior Court request adoption of and authorization for the Chair to sign a Resolution and supporting documents to grant a designated period for two years additional service credit for retirement purposes to eligible Superior Court employees only, at no cost to the County, during the period

                        March 1, 2004 through August 31, 2004.

ENVIRONMENTAL DETERMINATION:  It can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable [See Guidelines for the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)]

 

 

8.         SET MATTERS - PUBLIC HEARINGS - Continued

 

 

E.         1:30 P.M.  PUBLIC HEARING  Consideration and possible action regarding an appeal filed by HCV Napa Associates to a decision by the Conservation, Development and Planning Commission on December 17, 2003 to deny the Montalcino at Napa Valley Use Permit

No. 98177 to construct a 408,184 square foot resort hotel and conference facility including:  1) 379 rooms consisting of 358 guest rooms and 21 villa suites; 2) a 52,380 square foot conference facility with a maximum occupancy of 1,000 attendees; 3) two restaurants, a bar, and a deli with a combined seating capacity of 450; 4) a 5,682 square foot special events building; 5) a 15,287 square foot spa and fitness facility; 6) one outdoor swimming pool; 7) four outdoor tennis courts; 8) 1,045 parking spaces; and, 9) widening of Devlin Road to four lanes between Soscol Ferry Road to the southeastern corner of the project site for a distance of approximately 5,800 feet.  The project site is on 71.77 acres located west of Devlin Road approximately 1,950 feet north of the intersection of Devlin Road and Airport Boulevard within the IP:AC (Industrial Park: Airport Compatibility Combination) Zoning District. (Assessor’s Parcel Nos: 057-020-006, 057-020-017, 057-020-018, 057-020-020, &

 057-210-002)

                        ENVIRONMENTAL DETERMINATION:  Revised Final Environmental Impact Report prepared.

 

 

9.         ADMINISTRATIVE ITEMS - NONE

 

 

10.       LEGISLATIVE ITEMS - NONE

 

 

11.       BOARD OF SUPERVISORS’ COMMITTEE REPORTS AND ANNOUNCEMENTS

 

 

12.       BOARD OF SUPERVISORS’ FUTURE AGENDA ITEMS

 

 

13.       COUNTY EXECUTIVE OFFICER REPORTS AND ANNOUNCEMENTS

 

 

14.       CLOSED SESSION

 

 

            A.        CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

 

                        Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9:  (One case)

 

 

14.       CLOSED SESSION – Continued

 

 

            B.        CONFERENCE WITH REAL PROPERTY NEGOTIATOR  (Government Code

Section 54956.8)

 

                         Property:  2000 Airport Road, Napa

                         Agency Negotiator:  Michael Stoltz, County Executive Office

                         Negotiating Parties:  JALUX Americas, Inc.

                         Under Negotiation:  Terms of renewal/renegotiation of lease 

 

            C.        CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Government Code Section 54956.9 (a))

 

Names of cases:

1)         Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated

Association v. County of Napa et. al. (Case No. 26-22255)

2)         University of California Students Association et. al. v. Governor

Arnold Schwarzenegger et. al.

 

 

15.       ADJOURNMENT

 

 

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

FEBRUARY 24, 2004 AT 9:00 A.M.